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HomeMy WebLinkAboutResolution 2021-357 (recorded)RESOLUTION 2021-357 File No. MJSP-4202126008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY GRANTING A MAJOR SITE PLAN FOR A 658,000 SQUARE FOOT MANUFACTURING DISTRIBUTION AND INDUSTRIAL FACILITY, FOR A PROJECT TO BE KNOWN KINGS HIGHWAY WAREHOUSE, WITHIN THE IL (INDUSTRIAL LIGHT) ZONING DISTRICT ON 64.76 ACRES OF PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to findings in the staff report and traffic analysis review, has made the following determinations: 1. Jason A. Lewis, Kimley-Horn & Associates, presented a Major Site Plan application to develop a 658,000 square foot manufacturing distribution and industrial facility with associated parking, drainage, and utility infrastructure, within the IL (Industrial Light) Zoning for the property generally located west of Interstate 95 and south of the Love's Travel Shop, approximately 1,175 feet south of the Kings Highway and Orange Avenue intersection in Fort Pierce, as legally described in Paragraph B and depicted on the attached map as Exhibit 2. On September 21, 2021, this Board held a public meeting on this petition. 3. The Development Review Committee has reviewed the Major Site Plan for the project and found it meets the technical requirements of the St. Lucie County Land Development Code and has satisfied the standards of review set forth in Section 11.02.07, Standards for Site Plan Review, of the St. Lucie County Land Development Code. 4.Planning Staff has performed a detailed analysis of the project and determined it to be consistent with the St. Lucie County Land Development Code and Comprehensive Plan. The analysis is found in the Planning and Development Services Department memorandum titled Kings Highway Warehouse Major Site Plan (MJSP-4202126008) dated September 7, 2021. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed conditional use on the immediate vicinity through site design, landscaping screening. 6. The proposed Major Site Plan, with conditions, therein, will have not have undue adverse effect on adjacent property, the character of the neighborhood, traffic MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT Resolution No. 2021-357 SAINT LUCIE COUNTY MJSP-MJSP-4202126008FILE# 4934497 10/07/2021 10:35:55 AM OR BOOK 4698 PAGE 2350-2358 Doc Type:RESO Page 1 RECORDING: $78.00 conditions, parking, utility facilities, or other matters affecting the public safety, and general welfare. 7. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section Pursuant to Section 11.02.04 of the St. Lucie County Land Development Code, the Site Plan is hereby approved as shown on the drawing prepared by Kimley Horn and Associates, Inc., dated May 2021, and date stamped by the Planning & Development Services Department on August 27, 2021, for the property described in Part "B" below, subject to the following conditions: Environmental Resources Department: 1. Prior to installation of any site development or issuance of a Vegetation Removal Permit or Exemption, an After-the-fact Vegetation Removal Application along with 230,277 shall be provided to the Environmental Resources Department for utilization towards the pending acquisitions of the of the pending Environmentally Significant Lands (ESL) purchase of a parcel along Ten Mile Creek and Jenkins Road to satisfy the outstanding tree mitigation option outlined in LDC 6.00.05.D.3. Should the pending sale not be approved/finalized, the provided funds shall go to the St. Lucie County Tree Fine and Mitigation Fund for other future ESL, acquisitions, and maintenance. 2. Within 90 days of issuance of a Vegetation Removal Permit or Exception, all Category I listed invasive species shall be removed. 3. Prior to a Vegetation Removal Permit or Exemption, listed species surveys including but not limited to gopher tortoise surveys shall be updated as required per state and/or federal survey protocol. Should any listed species be found as a result of these updated surveys, appropriate per state and federal agencies shall be required. 4. Prior to issuance of a Vegetation Removal Permit or Exemption, a Category Ill wetland waiver from the Environmental Resources Department for the proposed impacts to the onsite isolated wetland shall be provided and approved by the Environmental Resources Director. Planning & Development Services Department: 5. Prior to the issuance of Building Permit, all signage shall be reviewed by the Planning and Development Services Department for compliance with St. Lucie County Land Development Code. Resolution No. 2021-357 MJSP-MJSP-4202126008 Page 2 Public Works Department: 6. The applicant shall post a bond with the County for the design and construction of a new traffic signal at the intersection of SR 713/South Kings Highway and Driveway 1, within twenty-four (24) months of the approved site plan with a one (1) year extension approved by the Public Works Department. 7. The applicant/owner shall vacate the blanket easements and establish new easements as necessary and for offsite legal outfall prior to the issuance of the Site Development and/or Building Permit. B. The property on which this Major Site Plan is being granted is described as follows: Legal Description: PARCEL 1: A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE NORTH 89°40'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 40.100 FEET TO THE POINT OF BEGINNING, THENCE NORTH 00°13'52" WEST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 12 AND THE EXISTING EAST RIGHT-OF-WAY OF KINGS HIGHWAY, A DISTANCE OF 1476.04 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 1589.04 FEET; THENCE ALONG THE SOUTHERLY AND WESTERLY LINE OF PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 240, PAGE 2529, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY , FLORIDA, THE FOLLOWING FOUR (4) COURSES: SOUTH 48°36'20" EAST, A DISTANCE OF 125.40 FEET; THENCE SOUTH 42°06'21" EAST, A DISTANCE OF 411.10 FEET; THENCE SOUTH 29°06'24" EAST, A DISTANCE OF 411.10 FEET; THENCE SOUTH 22°36'28" EAST, A DISTANCE OF 774.57 FEET; THENCE SOUTH 89°40'32" WEST, ALONG SAID SOUTH LINE OF SECTION 12, A DISTANCE OF 2450.58 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL: A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 89°40'32" EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°13'52" WEST, ALONG A LINE 40.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 1126.04 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°13'52" WEST, A DISTANCE OF 350.00 FEET; THENCE NORTH 90°00'00" EAST, A DISTANCE OF 47.50 FEET; THENCE SOUTH 00°13'52" EAST ALONG A LINE 87.50 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF SECTION 12, A DISTANCE OF 349.81 FEET; THENCE SOUTH 89°46'08" WEST, A DISTANCE OF 47.50 FEET TO THE POINT OF BEGINNING. Resolution No. 2021-357 MJSP-MJSP-4202126008 Page 3 ALSO, LESS AND EXCEPT: LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PURSUANT TO THAT CERTAIN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3883, PAGE 2745. PARCEL 2: LANDS CONVEYED TO THOMAS INVESTMENTS, L.C. BY THE STATE OF FLORIDA PURSUANT TO THAT CERTAIN QUITCLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 4493, PAGE 1114 AS CORRECTED BY CORRECTIVE QUITCLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 4543, PAGE 1706. Parcel ID#: 2312-331-0001-000-8 C. This Major Site Plan for Kings Highway Warehouse shall expire within twenty- four (24) months of the effective date of this order unless a building permit is issued, or an extension is granted in accordance with the provision of Land Development Code Section 11.02.06. D. The developer is advised as part of this Major Site Plan approval that the property owner(s), developer, etc. including any successors in interest, shall obtain all applicable development permits and construction authorizations from the appropriate State and Federal and local regulatory agencies including, but not limited to, the United States Army Corps of Engineers, the Florida Department of Environmental Protection, Florida Department of Transportation, South Florida Water Management District, and the St. Lucie County Environmental Resources, Public Works, and Building Departments prior to the commencement of any development activities on the property described in Part A. Issuance of this permit by the County does not in any way create any rights on the part of the developer to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of this permit if the developer fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake actions that may result in a violation of state or federal law. E. The conditions set forth in Part "A" are an integral non-severable part of the Site plan approval granted by this Resolution. If any condition set forth in Part "A" is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the Site Plan approval granted by this Resolution shall become null and void. F. A Certificate of Capacity, a copy of which is attached hereto as Exhibit "C" and made a part hereof the Resolution, was granted by the Planning & Development Services Department Director on September 28, 2021. Resolution No. 2021-357 M J S P-M J S P-42 02126 008 Page 4 G. A recorded copy of this Resolution shall be attached to the site plan drawings described in Part "B", which plan shall be placed on file with the St. Lucie County Planning & Development Services Department Director. H. This Order shall become effective upon the date indicated below. An appeal of the Board of County Commissioners' action may be processed within thirty (30) days in accordance with Section 11.11.02.F, of the St. Lucie County Land Development Code. This Resolution shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chris Dzadovsky, Chair AYE Sean Mitchell, Vice-Chair AYE Linda Bartz, Commissioner AYE Frannie Hutchinson, Commissioner AYE Cathy Townsend, Commissioner AYE PASSED AND DULY ADOPTED this 21 day of September 2021. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLOIRDA BY CHAIR ATTEST:APPROVED AS TO FORM AND CO` RECTNES : At A D PUTY CLER v `, v; COUNTY ATTO NEY C-t ci m Grtk * Resolution No. 2021-357 cOUMrr Ft.ogoo MJSP-MJSP-4202126008 Page 5 Exhibit "A" Location Map A Kings Highway MJSP-4202126008 Location 0 c c ) AN I.U W '.\{' 1 'E 3. s Resolution No. 2021-357 MJSP-MJSP-4202126008 Page 6 Exhibit "B" Site Plan Iii? 1,-...--.it......... .._ 4,-...,...,...........e. ....: ...- q a...L.E•nri vto, ow a*- t :.. . 1-----r' - ,, ' • L ri r *_. 7 T- . 1 , , r1:_ _id ins, T.,,. 7.-.7:-.'''' s:,••' 7---.t-'4‘41.11.".itiiii:.-'4:S..."..im3".5 .m 1.7.7."...L.1.7'7.2.=-,....r.- .,.....1 4,7). th-.=,-,FD E 1 •!"-- Eli 4 1 2',.`116 - - 1t? tr...-74: t' I- • nt - v -i -'.77.,t•-.' EL t^' `, t=7-', '" 1 ' ".'7 III.,.- t, v.. 1 kininimipk i \ N-w•1 , 1 R. r. '. 1 '"°°. •'. - 1 1`, 1 tita""""'ft'''""M" 1 04,w44.44iii.......1.4....4 4.1 I 1 \\ \ j in 1 , LI' Resolution No. 2021-357 MJSP-MJSP-4202126008 Page 7 Exhibit "C" Certificate of Capacity Resolution No. 2021-357 MJSP-MJSP-4202126008 Page 8 St Lucie County Certificate of Capacity Date 9/28/2021 Certificate No. 3164 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Major Site Plan Number of units 0 Number of square feet 658,000 2. Property legal description & Tax ID no. 2312-331-0001-000-8 S Kings Highway, Fort Pierce, FL 34945 King's Highway Warehouse 3. Approval: Building Resolution No. 2021-357 Letter 4. Subject to the following conditions for concurrency: Owner's name Stephen Thomas Address 9905 Clint Moore Road Boca Raton FL 33496 6. Certificate Expiration Date 9/21/2023 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent developme for the same property, use and size as described herein. Signed Date: 9/28/2021 Planning and Development Services Director St Lucie County, Florida Tuesday,September 28,2021 Page 1 of 2